Photo Credit: Jewish Press

Now we can understand why the Gemara could not derive this from Yosef. Yosef lived before we received the Torah on Har Sinai. Although the avos and their offspring kept the Torah, it was not through any oath; their Torah observance was without any oath to do so. Thus, had anyone taken an oath to perform an action that was a mitzvah, the oath would have surely been valid. We would not be able to deduce from this that if one who lives after the Torah was given on Har Sinai takes an oath, the oath would be valid – in view of the fact that we swore to keep the Torah.

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Rabbi Raphael Fuchs
Rabbi Fuchs learned in Yeshivas Toras Moshe, where he became a close talmid of Rav Michel Shurkin, shlit”a. While he was there he received semicha from Rav Zalman Nechemia Goldberg, shlit”a. He then learned in Mirrer Yeshiva in Brooklyn, and became a close talmid of Rav Shmuel Berenbaum, zt”l. Rabbi Fuchs received semicha from the Mirrer Yeshiva as well. After Rav Shmuel’s petira Rabbi Fuchs learned in Bais Hatalmud Kollel for six years. He is currently a Shoel Umaishiv in Yeshivas Beis Meir in Lakewood, and a Torah editor and weekly columnist at The Jewish Press.